Bettis’ former attorney says state’s handling of case is unusual

Published: Wednesday, August 28, 2013 at 06:10 PM.

New Bern Mayor Lee Bettis’ former defense attorney says he withdrew from the high profile case in part because of the “drama” surrounding it.

Longtime criminal defense attorney Marcus Chesnutt of New Bern also says he’s never seen a driving while impaired case handled by prosecutors in a similar manner.

“This is a misdemeanor case. It’s been elevated to Superior Court through a process I’ve never seen in 30 years,” Chesnutt told the Sun Journal Wednesday.

“The grand jury is for felonies,” he said. “The jurisdiction for misdemeanors is in district court. This case has been taken, for some reason, by some person, to the grand jury, and I’m not sure how that happened. I’m not sure who the puppeteer is.”

For his part, Special Prosecutor Isaac Avery III, the Raleigh attorney appointed to handle the case for the state, said the Bettis case is being handled appropriately.

“I was appointed to do it and this is just the way I decided was the best way to handle this particular case, and the grand jury agreed,” he said.

Avery added that state law allows for grand juries to consider cases involving misdemeanors, even though it’s not routine.

New Bern Mayor Lee Bettis’ former defense attorney says he withdrew from the high profile case in part because of the “drama” surrounding it.

Longtime criminal defense attorney Marcus Chesnutt of New Bern also says he’s never seen a driving while impaired case handled by prosecutors in a similar manner.

“This is a misdemeanor case. It’s been elevated to Superior Court through a process I’ve never seen in 30 years,” Chesnutt told the Sun Journal Wednesday.

“The grand jury is for felonies,” he said. “The jurisdiction for misdemeanors is in district court. This case has been taken, for some reason, by some person, to the grand jury, and I’m not sure how that happened. I’m not sure who the puppeteer is.”

For his part, Special Prosecutor Isaac Avery III, the Raleigh attorney appointed to handle the case for the state, said the Bettis case is being handled appropriately.

“I was appointed to do it and this is just the way I decided was the best way to handle this particular case, and the grand jury agreed,” he said.

Avery added that state law allows for grand juries to consider cases involving misdemeanors, even though it’s not routine.

Grand jury indictments mean cases are sent to Superior Court, where they can be tried by juries rather than heard only by a judge.

Last week, a Craven County grand jury indicted Bettis on four misdemeanor counts: driving while impaired, careless and reckless driving and two counts of misdemeanor child abuse.

All four charges stem a May 6 incident in Havelock in which the first-term mayor was stopped by police after motorists reported to 911 that someone was driving erratically.

Based on the manner in which he was observed operating his vehicle and after several field sobriety tests, Bettis was charged with DWI.

At the time, the mayor agreed to take a Breathalyzer test, which is used to measure blood alcohol level. It registered 0.00 percent. Bettis also consented to a blood test, which was analyzed by the State Bureau of Investigation to determine whether he had alcohol or any other controlled substance in his system.

The blood test found no evidence of alcohol, but did find Benzodiazepine, a prescription psychoactive drug commonly used in treating anxiety, insomnia and seizures.

Bettis was initially charged by police with driving while impaired and two traffic infractions: failure to maintain lane control and a designated lane violation.

After last week’s grand jury action, the mayor now faces the driving while impaired charge, a careless and reckless driving count and two counts of misdemeanor child abuse. According to court papers, the grand jury indicted Bettis on the two child abuse counts because his stepchildren, then ages 13 and 9, were riding in the vehicle with him at the time he was charged with DWI.

Bettis was arrested on Tuesday and was released on a written promise to appear in court.

Chesnutt filed a motion to withdraw as Bettis’ attorney on Aug. 1, before the grand jury’s indictments. Chesnutt’s motion states he asked to withdraw “to avoid the continuing drama caused by the high profile nature of the case,” according to a court document.

Chesnutt suggested Wednesday that prosecutors have not spoken to people who interacted with Bettis on the day of his arrest. He said that, on the day of the alleged DWI, Bettis left the magistrates’ office and went directly to court to do his work as a lawyer, according to Chesnutt.

Chesnutt, along with nearly 30 other court officials and other courthouse employees, were present in court that morning as Bettis worked, Chesnutt said.

“The way this case has been handled is so completely different than anything I’ve ever seen, and the fact that I believe I could potentially be a fact witness is something that indicates to me that I didn’t need to continue to be a lawyer in this case,” he said.

Early on, District Attorney Scott Thomas also determined that he, too, did not need to be involved in the Bettis case. In May, he requested an out-of-district special prosecutor, citing in a press release “a potential conflict in prosecuting the case due to the fact that Mr. Bettis is a criminal defense attorney in this district who regularly handles cases in the criminal courts of this district, both retained and appointed. He has frequent interaction with me and members of my staff in his professional capacity as an attorney representing his clients.”

Avery was appointed special prosecutor. He said the fact that Bettis holds a high profile position was not the key reason for his appointment.

“Whether it’s high profile or not, I am the special prosecutor and I don’t know that his position made any difference. I was just assigned to the case,” Avery said. “We get cases when the district attorney has a conflict. It could be that the DA knows the person involved or does not have the resources.”

Thomas said Wednesday that his office has no role in the Bettis case now.

“I have no authority over the case,” he said. “Any decisions regarding the prosecution are made without consultation between the local and out-of-district prosecutor.”

Meanwhile, Bettis’ current attorney, Bill Powers of Charlotte, declined comment on the case this week.

Megan Beyer can be reached at 252-635-5671 or megan.beyer@newbernsj.com.